In the Interest of B.G., E.H. and J.M.H., Children--Appeal from 19th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-02-019-CV

IN THE INTEREST OF

B.G., E.H., AND J.M.H., CHILDREN

From the 19th District Court

McLennan County, Texas

Trial Court # 2000-1961-1

CONCURRING OPINION

I write separately to express concern about the admission into evidence of the non-redacted orders and the family service plan. Although I agree that the error should not result in a reversal in this case, the question is a close one.

When circumstances described in subdivision O of section 161.001(1) of the Family Code is alleged as a ground for termination, proof of a court order that specifically established the actions necessary for the parent to obtain the return of the child is, of course, required. Tex. Fam. Code Ann. 161.001(1)(O) (Vernon 2002). But that is all that should be admitted. The other contents of such an order here including the trial court s findings of fact that support the order should not be admitted. Redaction is required to eliminate the kinds of issues about which Gutierrez complains. //

With these comments, I join the majority opinion.

BILL VANCE

Justice

Concurring opinion delivered and filed October 30, 2002

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